Legal Question in Credit and Debt Law in Oregon

Is It a Summons?

I came to a verbal agreement with a debt collector. Before they sent the agreement to sign they sent a payment reminder. I paid the amount and have set up automatic payments from my checking account. (Not where they take the money, my bank sends them a check)

I had issues with the agreement and tried to get in touch with them but they didn't answer or return a call when I left a message. Right after Thanksgiving I got a summons and I have let the 30 days go by.

I realize I have lost a lot by letting the 30 days go by and I should get a lawyer but I have a couple of questions first.

First, does the fact that they've been accepting and cashing my checks establish we have an agreement?

Last: The summons doesn't look like it was filed with a court. Is a summons nothing more than an official letter demanding a response?


Asked on 1/07/08, 10:52 pm

1 Answer from Attorneys
Andrew Svitek Svitek Law Group, LLC

Re: Is It a Summons?

Are you sure this is on the same debt? Also, you're not very clear in your message, but I'm going to infer that you started on a repayment plan and that your "problem" was that you missed some payments... which means you breached your end of the contract and even if they promised not to sue, your breach means that they don't have to keep their promise.

You can still negotiate with them... they'd rather have cash than a paper judgment sitting in their filing cabinet. Check right away if a default judgment has been filed against you... at this point time is at the essence. A courthouse will tell you this, as well as who the law firm is... then call the law firm right away.

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Answered on 1/12/08, 5:26 pm


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